Petitioners are accused nos.1 and 2 in Crime No.646 of 2014 of the Panangad Police station for the offences punishable under Secs.341, 323, 324 and 326 read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 14.04.2014 at about 12.05 a.m., the petitioners wrongfully restrained and assaulted the defacto complainant with stick in the course of Bhajana in a temple.
3. Learned counsel submitted that the allegations are not true. It is submitted that the defacto complainant and others caused mischief in the course of Bhajana and the Police interfered. The defacto complainant may have sustained injury in the Police action.
4. On hearing both sides, it is revealed that the weapon is recovered. Petitioners are not reported to be involved in any other case from the Panangad Police station. In the circumstances, I am inclined to grant relief to the petitioners but subject to conditions.
The application is allowed as under.
1. Petitioners shall surrender before the officer investigating Crime No.646 of 2014 of the Panangad Police station on 10.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
3. In case arrest of the petitioners is recorded they shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioners on bail (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
a) One of the sureties shall be a close relative of any of the petitioners.
b) Petitioners shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier .
c) Petitioners shall report to the investigating officer as and when required for interrogation.
d) Petitioners shall not get involved any offence during the period of this bail.
e) Petitioners shall not influence or intimidate the witnesses.
f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge